2020 QCCQ 8217, 2020 QCCQ 8217

Protection de la jeunesse — 202128 2020 QCCQ 8217 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] “Youth Division” No: 635-41- 001007-209 DATE: January 31, 2020 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2003 adolescent and A B parents ______________________________________________________________________ JUDGMENT

Section 38 of the Youth Protection Act (R.S.Q. c. P-34.1 ) ______________________________________________________________________ Warning : The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified. Every person who contravenes this provision is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] In accordance with the requirements of

section 90 of the Youth Protection Act , the Court hereby confirms and gives the reasons for the decision rendered from the bench at the hearing held on January 31, 2020. [ 2 ] The Director of Youth Protection (the Director) alleges that the adolescent’s security or development is endangered as he exhibits serious behavioural disturbances. [ 3 ] Today, the Director recommends that the adolescent remain entrusted to his mother’s care and that diverse support measures be ordered until January 31, 2021. [ 4 ] The mother and the adolescent agree with the Director’s plan. [ 5 ] The father is absent.

Question in litigation [ 6 ] Are the proposed measures in the adolescent’s best interest and are they respecting his rights? Context and Analysis [ 7 ] On May 9, 2018, February 25 and October 9, 2019, the Director received information that the adolescent exhibited inappropriate sexual behaviours. [ 8 ] On November 7, 2019, the Youth Protection worker met with the adolescent, who denied all the alleged facts regarding inappropriate sexual behaviours. [ 9 ] On December 3, 2019, the Youth Protection worker met with two alleged victims.

One boy confirmed that the adolescent asked him to kiss him and to touch his buttock. The other boy refused to talk and started crying.

[ 10 ] On January 17, 2020, the adolescent was arrested in relations with these behaviours. He is to appear in court in March 2020. [ 11 ] The Director did not present the alleged victims as witnesses. Consequently, evidence has not been presented regarding any inappropriate sexual behaviours that the adolescent would have committed. [ 12 ] On February 28, 2019, the adolescent posted on social media a picture of a gun and mentioned he would commit suicide. He called the police and expressed suicidal ideations. When the police found the adolescent, he had locked himself in a shack.

When the police forced the door open, they smelled a strong odor of propane. [ 13 ] On March 12, 2019, police intervention was requested as the adolescent was expressing suicidal ideations. [ 14 ] The mother has difficulty handling the rumors around her son. She was sorry that she was never previously informed of any facts to support the rumors. She is open to receive the Director’s support. She collaborates with the Youth Protection worker. [ 15 ] The adolescent is doing well at school and at home.

He reports that he still has occasional black thoughts when he thinks of two of his good friends’ suicide. [ 16 ] The father has been minimally involved in the adolescent’s life. He does not wish to be involved with the Director. THEREFORE AND FOR THESE REASONS, THE COURT: [ 17 ] GRANTS the application for protection; [ 18 ] DECLARES that the security or the development of the adolescent is endangered (

section 38

f) of the Youth Protection Act ); [ 19 ] ORDERS that the adolescent remain entrusted to his mother’s care; [ 20 ] ORDERS that the parents report in person periodically to the Director of Youth Protection on the measures they apply in their own regard or in their adolescent's regard to put an end to the situation in which the security or development of the child is in danger; [ 21 ] ORDERS that the adolescent and the parents take an active

part in the application of the measures designed to put an end to the situation of compromission; [ 22 ] ORDERS that the adolescent and his parents, report in person at regular intervals to the Director to inform him of the current situation; [ 23 ] TAKES JUDICIAL NOTICE that the adolescent agrees to undergo a psychological assessment; [ 24 ] ORDERS that the adolescent undergo a psychological assessment; [ 25 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and his family including the services of an external educator as long as deemed necessary; [ 26 ] THE WHOLE until January 31, 2021; [ 27 ] ENTRUSTS the situation of X to the Director of Youth Protection of the A C.Y.P.C., who shall then see that the measures are carried out. ___________________________________ François Ste-Marie, J.C.Q.

Written and signed on February 13, 2020 /cd Mtre Geneviève Apollon Counsel for the Director of Youth Protection Mtre Nada Boumeftah Counsel for the adolescent Mtre Angele Tommasel Counsel for the mother Date of hearing: January 31, 2020